♪ . martha: all right. there she is. she inadvertently stole the spotlight during college football's biggest night. the beauty queen girlfriend of alabama quarterback aj mccarron. she is stepping out of limelight. she canceled eight interviews. what happened there? she shot to instant fame after catching the eye of commentator brent mus spairs berger. according to m "tmz" she denies that mccarron asked her to cancel the appearance. he had nothing to do with it. he wants the focus to be

where it should be on the team. bill: she was great on "the today show.". martha: she is not concerned with fame. bill: we will see how much longer that lasts. see you tomorrow. martha: bye, everybody. jon: how do we top that? hey, brand new stories and breaking news ahead. jenna: we have a lot of big stories today. the gun debate in the spotlight. this hour vice president joe biden meeting with one group very close to the issue. we'll tell you about that. another very big story in the country today. hospitals forced to turn ambulances away as a severe flu outbreak spreads. one major city declaring a public emergency. we'll have the health commissioner from boston coming up. shocking new testimony in the jodi arias murder trial from a man she says, or who says she had an affair with him right after her boy friend's brutal murder. it is all "happening now."

jenna: he said/she said all straight in that case. that's a big one. we'll break that one down for you. meantime brand new developments in the gun debate today. we're glad you're with us, everybody. i'm jenna lee. jon: i'm jon scott. we're waiting for a meeting later this hour between vice president joe biden and advocates for hunters, sports shooters and wildlife original is sass this year. gun groups including the national rifle association gets their say and than the vice president is to hear from representatives of entertainment industry tomorrow. a series of meetings as mr. biden leads a nationwide review of gun safety laws. he is set to make recommendations on gun policy by the end of the month. the recent school shooting massacre in connecticut sparking that urgent action. chief political correspondent carl cameron live in washington for us right now. they meet in half an hour, carl. set the scene for us. >> reporter: this is day two,

jon, the vice president's task force aimed at new laws and new regulations and executive orders to curb mass shooting rampages like the kun in connecticut. today gun rights groups like nra. this afternoon, retailers like wal-mart, one of the nation's largest gun sellers. a variety of groups along with these organizations. biden and the president made it clear they want a ban on semiautomatic weapons, high magazines and universal background checks and a national database to track down weapons. all these things are in contention and discuss. they could come up pretty fast. like to see a role for mental illness. mr. biden very clear and brunt talking about the possibility of executive orders. >> i want it clear to the american public that on behalf of the president we're reaching out to all, all parties on whatever side of this debate you fall but the president is going to act. there are executive orders, executive action that can be taken. >> reporter: well, second

amendment backers were alarmed by the emphasis on executive action to be taken. the new chairman of the house republican study committee, which is the biggest subgroup of conservatives among republicans in congress issued a pretty blunt statement themselves say, quote, vice president biden would do well to read the second amendment and revisit the meaning of the phrase, shall not be infringed bypassing congress to implement radical policies never acceptable and particularly heinous when such actions trample on freedoms guaranteed to all americans by the bill of rights. the white house hasn't said how it might use the executive orders. some think it could be related to the creation of a national database to track weapons or to expand background checks more thoroughly. jon: he also has meetings scheduled with the entertainment industry and makers of some of those violent videogames? >> reporter: that's for tomorrow and the motion picture association will be there, directors guild, national association of broadcasters. in addition to the meeting with the entertainment world which focused a lot on entertainment violence and movies they will meet with

mental health officials to discuss the role of mental illness and substance abuse in these deranged rampages. gun rights advocates say there look at a culture in all of this. jon: carl cameron from washington. carl, thank you. as we await the nomination of white house chief of staff jack lew to be the next treasury secretary the big announcement set for about two hours from now the spotlight now turning on mr. lew's signature. take a look, this is it. better get used to the loopy letters because they could show up on all of our paper money. outgoing treasury boss, jenna is cocking her head side ways to read it. jenna: i'm thinking all the different ways you could counterfeit that, right? jon: doesn't really say anything. treasury secretary boss tim geithner had to improve what his signature looked like. it was kind of scrawling too. in order to fit on the money he improved it. white house press secretary jay carney was asked about

lew's hand writings and whether he is practicing his signature. koorney said, not that i'm aware of. jenna: you remember grade school where they give you lines to follow to practice your penmanship? jon: one would think. jenna: how is your penmanship? jon: i think it is readable, shows my name but my penmanship is pretty awful. jenna: we may need to do a close-up shot. jon: i don't like to bright. the brain works faster than the hand. >> we'll see, show you the improvement if there is one to jack lew's signature when we get it. meantime we'll move onto this other story. right now to the dangerous flu outbreak really spreading throughout this country. 44 states are now reporting widespread illness. take a look at that map! almost all red. hospitals are reporting severe overcrowding. some forcing ambulances to go, to different hospital because there is simply no room in the one they're heading to. boston has declared a public health emergency and the threat there is growing.

molly line is there with the story. we want you to get close to the story but not too close. we don't want you to get sick out there. how bad is boston? >> reporter: it is very serious situation. 700 people have fallen ill alone in the city of boston that is compared to 70 at this time last flu season. so the officials have gotten together. boston mayor tom menino and other officials declaring a public health emergency with the intention of getting the word out of the encouraging people to go get their flu shots and letting them know this is a very serious strain of the flu as well. 18 deaths statewide. four of those deaths occurred here if boston. that is compared to just one death here in boston from the flu last year. the strain that is out there that they're particularly worried about is the type-a h3 influenza strain and associated with more severe symptoms and more severe outcomes. jenna. jenna: how are the hospitals handling the increase in patients? we heard about

ambulances being turned away in some parts of the country. what is it like in boston? >> reporter: all the hospitals here are experiencing a large amount of flu cases. we're outside of boston medical center. they saw 85 people here just last week. and at mass general they're under a lot of pressure shurmt take a listen. >> it is very crowded emergency department and significant flu season. we're certainly on pace to have a flu season at least as bad we saw five years ago and maybe as bad as one about 10 years ago. >> reporter: health fishes are particularly concerned about certain elements of the population. in roxbury and dorchester, urban areas, big minority population a lot of people making lower incomes and they feel obligated to go to work even if they're sick and getting their coworkers sick as well. very serious strain creating a domino effect. they're expecting numbers to rise. it could get worse before it gets better. they're hoping people get out there to get the flu shots to help stem the tide. jenna. jenna: we're speaking with

boston's health commissioner coming up in a little bit. molly, big story for us today. thank you very much. jon: a fox news weather alert. tornado watches in effect this hour for central louisiana, southwest into mississippi. forecasters are also warning of severe flash floods. meteorologist janice dean is live from the our fox news weather center. southwest mississippi is what i should have said, right, jd? >> louisiana, mississippi, alabama all the way up the mississippi river, jon scott. tornado warnings, we've had several warnings throughout the morning and we have a tornado watch. that is good until 2:00 p.m. local time for portions of louisiana into mississippi. tornado watch meaning conditions are favorable for tornados and right there we have a tornado warning east of homa we're spotting strong rotation on doppler radar. earlier today we had a trained weather spotter indicate a tornado was on the ground around baton rouge. this is a very dangerous situation. also because we have so much

heavy rainfall these tornados can be rain wrapped so you can't see them coming. the other part of this because we have so much heavy rain flash flood watches and warnings for much of portions of mississippi river valley along louisiana up towards the mississippi where you see the maroon shaded here, that is flash flood warnings on order of one to two inches an hour. we have video early on in portions of louisiana. you can see the rainfall adding up here. six to even eight-inches total of rainfall into louisiana and mississippi. we could see an additional one to four inches. so the sandbags are out. people are preparing. this is going to continue unfortunately for the next several hours. we could even see a threat for severe weather up into the mid-mississippi river valley including little rock, cape girardeau, new orleans, jackson you're in yellow shaded area we could see light risk for hail, damaging winds and yes, isolated tornados.

we're looking at that in terms of accumulation. again throughout the next several days we could see anywhere from one to four inches on top of some cases five to six inches rainfall. much-needed rain. unfortunately too much of a good thing in this area. want to point out jon and jenna, we have another big winter storm moving into the west where we have winter weather advisories as well. we could see the potential of blizzard warnings this is another big system unrelated to the tornado watch for the mississippi river valley. certainly one to watch. two weather systems we're watching today. jon: you have your hands full. >> we're busy today. just make sure everybody is safe. jon: and your dress matches better the southern weather system than the blue and pink. >> look at you with the fashion sense. jenna, i'm working on it, okay? >> 2013 is off to a good start with jon's fashion sense. jon: it can only get better, can only get better. thank you. >> see you later. jenna: right now there are new rules for mortgages that are being released and the

consumer financial protection bureau is rolling those out, the first of several far-reaching changes to the mortgage market. now these new rules are designed to prevent the kind of risky lending that led to the housing crisis but they will also make it harder for some americans to qualify for loans and that has an effect on the industry as well. chief washington correspondent james rosen the story live from washington. hi, james. >> reporter: jenna, comes now one the first major policy changes to spring from the massive dodd-frank overall from the financial services sector that president obama signed into law in july 2010. it is progeny of new agency created by the dodd-frank law, the bureau of consumer financial protection and the basic world view of that agency is that the housing crisis was first and foremost a consequence of predatory lending where slick bankers and mortgage officers preyed on unwilting low income customers selling them homeownership loans that these innocent rabbits had no idea would be so costly and impossible to pay back. in truth predatory lending coexisted along

garden-variety greed and foolishness on the part of some borrowers. under the new rules announced today a borrower must supply his or her financial information to the lender who must in turn verify it. the borrower must demonstrate he or she has sufficient income to pay back the loan. these are kind of conditions would be start precepts dating back to the pharaohs but. qualified mortgages no longer have terms longer than 30 years. they can no longer carry fees and points in excess of 3% of the loan or allow for negative amortization payments where the increase of amount. sounding like a fine print on the bottom of pharmaceutical ads. mortgages issued to borrowers that can only spend 43s% of their income to pay down the debt. >> what this rule is generally supposed to do to say to lenders, look if you're going to make mortgage loans you should probably behave like every other lender in every competitive economy with a free market system has always done.

if i lend you money, i should be curious about whether or not you can pay me back. that is basically what this new rule does. >> reporter: banks say these new rules could make credit harder to come by. consumer groups say lenders get too much protection from lawsuits. imagine that, jenna and jon, the new washington regulatory regime leaves pretty much no one save the regulators themselves, very happy. i love this town. jenna: i think it loveses you too, james. you sound way better than the fine print on those. >> reporter: thank you. i try. jenna: i was very funny as always. james, thank you the. jon: but washington create ad new agency to do all this and that is good for the housing market in d.c.? we could go on. so the things people do for love. one man will be spending the next four years behind bars. what he did to a taco bell employee that got him in hot water. a fairfied mother -- tearfied mother trapped in her attic with 9-year-old

twins and intruder closing in. her husband listening to whole ordeal and a 911 operator who was hearing what was happening. those calls have been released. >> if he opens that door, you shoot him, you understand? k it down. mom, pop it. ♪ two inches apart, becky. two inches. t-minus nine minutes. [ ding ] [ female announcer ] pillsbury cinnamon rolls. let the making begin. ♪ ♪ [ male announcer ] some day, your life will flash before your eyes. make it worth watcng. introducing the 2013 lexus ls. an entirely new pursuit.

jon: some crime headlines now we're keeping an eye on. jerry sandusky in a pennsylvania courthouse today. his attorney is arguing they didn't get enough time to dig through the evidence before his child sex abuse trial. it is a procedural hearing before they file an appeal. a georgia man will spend four years behind bars for a stunt he pulled with a potential love interest. jason earl dean handcuffed himself to a taco bell worker to try to get her to go out on a date with him. i guess it didn't work. relief in illinois. an amber alert canceled for an 18-month old. she was in a car this morning while her mother was outside talking to a friend.

the girl was found hours later. the thief stole the car and didn't know the baby was in it. >> do you hear him? is he in the house? he's in the house. all right, stay in the attic, all right? he is in the house melinda in are you sure? how do you know? you can hear him in the house? all right. this guy, my wife says is in the house. jenna: dramatic new 911 calls released from a terrifying home invasion in georgia. elizabeth prann with the details from atlanta. elizabeth. what happened? >> reporter: melinda herman was home alone with her 9-year-old twins when she saw a suspicious suv pull up to the home. she called her husband at work in atlanta. she ended up going into a crawl space with her two kids. kept her husband on the phone. intruder broke in shortly thereafter with a crowbar. the 911 phone call we have

is between the husband and the 911 operator. he has his wife on another phone line. keep in mind he just taught his wife how to shoot that 38 caliber weapon. listen. >> he is in the bedroom? shhh. relax. just remember everything that i showed you, everything that i taught you, all right? she shot him. she is shooting him. she's shooting him. she's shooting him. she's shooting him. >> okay. >> shoot him again! shoot him!. oh, no. >> did she, she came out of the attic. she creaming at him? >> she shot him, a lot!. >> reporter: really unbelievable. police say melinda herman shot paul slater five times. this photo is from 2008. she hit him in both the face and chest area. jenna: elizabeth, what do we know about the intruder?

why did he target that home in particular if. >> reporter: we don't know a motive, we know from police, we got off the phone with them, he tried to go to another home in subdivision nearby. he was confronted by the homeowner and scared off. that is when he went to the herman's home. we do know he is still in icu. not sure of this his condition at this time, but likely told you he was shot multiple times when. police found him he crashed his car a block away. he was able to flee from the scene. when police found him he was pleading and begging for help. listen. >> i heard a lot of screaming. >> right. she's upset. >> no, she was shooting. >> right, right. >> i heard him pleading. he was, he was screaming. >> reporter: melinda and her children went to a neighbor's house shortly after the incident. that's when he did flee the scene. the two children and melinda are unharmed although they are very shaken up. jenna: certainly can understand that. especially after hearing those calls.

elizabeth, thank you. jon: give the husband some credit. he was pretty calm in that 911 call, you know? jenna: he was was. well, scary situation in general. glad they're okay. jon: he taught his wife to shoot. good for him. new developments in the case of a fake rockefeller accused in the 1985 murder of his land lady's son. when the german national will go to trial. labor secretary hilda solis announcing her resignation as new requests are raised whether president obama's cabinet will be as diverse in his second term as it was in his first. hi. i'm henry winkler.

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jon: a murder trial date is now set for a man who went by the alias of clark rockefeller. the con artist accused in the 1985 killing of a computer programmer in california. rick folbaum has that from

the breaking news desk. >> reporter: jon, this is one of those stories that sound like you made it up. a german man living in the u.s. passing himself off as one of the rockefellers. socializing with fancy rich people. serving time for kidnapping his own daughter and rearrested and charged with that murder that took place a quarter century ago. meet christian clark. and known as what else. he had a lot of aliases. this is wrapping up his trial in 2009 where he cast accused of kidnapping his daughter during a visit with her. for that he got four to five years. the case sparked interest back in california looking into the unsolved 1985 murder of a man whose partial remains were found buried in the yard after house where he once lived. there is no dna evidence that directly links him to the crime. there is other evidence that prosecutors plan to present in the gays. gearhardtrider is being held

on 10 million dollars bail. the pretrial hearings are set to begin next month. jon: that is a weird story. rick folbaum, thanks. jenna: a shake-up in the president's cabinet raising new questions about diversity. so far all the nominees in mr. obama's second term have been men. this as labor secretary hilda solis just announced she is going to reteen. it isn't clear yet who will be her replacement. take a look at picture on the front page of "the new york times" yesterday. it shows the president meeting with 11 of his advisers. ten of them are men. there is only one woman in the oval office, senior advisor valerie jarrett. you can't see her in this particular shot. white house doing damage control of their own after this criticism that the white house is a boys club. releasing its picture as photo of the day. shows mr. obama meeting with eight senior advisors in the oval office. this time three of them, visibly women. right now four women are in the president's cabinet.

half of them are leaving. a big question who is going to replace them. angela mcglowan, fox news political analyst. she joins us to talk now about that. angela, a political question for you, if you look at reaction in the press to this, ruth mash discuss writes in the "washington post." all those white guys. what a shame. not an outrage. it is "mad men" goes to washington. a few weeks ago we were having this conversation as some were levying the criticism on the republican party, specifically mitt romney as "mad men". is it the same political problem potentially for the president as it might be for the republicans? >> no. this is not a political problem for the president. unless the liberal side of the party brings it to the attention of all diverse groups. i want to know where is the black caucus on this? where is the women's caucus on this? where is the latino caucus on this? if you remember, jenna, the problems with susan rice when there was a lot of controversy when it was rumored she would be the next secretary of state?

you had a bunch of women's groups that came out against republicans saying that they didn't want her to be secretary of state because she was a black and a woman. where are those groups now? if you notice, the president's nominee are all men, white men. not just men. white men. diversity is not just an gender. it is on race as well. jenna: what do you think they about stories like this and the pressure they can put on an administration of any party to select certain individuals for certain reasons and not necessarily because of qualifications? what kind of risk is that to the american public? >> it is a risk for the american public. and look, as a conservative i believe people should be chosen on ability, not on gender, not on race, not on sexual orientation or political stance but let's take labor secretary hilda solis. if the president wants a diverse latino you have javier becerra, democrat leadership. you have luis gutierrez, who is fighter for latino issues

in congress. i think if the president is truly the diversity president he is should look far beyond his friend in the white house. this is a good ol' boys club in the white house. jenna: you're saying there are options out there that are fully qualified, that fit a profile if the president wants to choose that profile. angela, i want to ask you about this side of it. the president came into office as an agent of change and when you look at the list of people that are being recycled in the cabinets, whether it is lew or kerri or hagel, donelon, the top national security advisor, the question really about this profile or is it a question about having no new blood really to bring any sort of change to washington, d.c.? >> when you have a diversity strategy, diversity of voices can only create a better america, whether dealing with policy, whether it is in a company. so if you're only going to deal with the people that you feel comfortable with, where is the true change? and again, my question is, where are those diverse

groups now with the president not promoting more women, with the president not promoting more latinos, where are they on these issues? this is a double-standard. if this was a republican administration we would hear a lot about this. feminist groups would be out there raising hot water. right now unless the black caucus comes out, unless the women's caucus comes out, where is schultz schultz? where is -- debbie wasserman schultz, where is rosa today lore row or congresswoman fudge from the brac caucus? i don't hear hear anything. jenna: we have historic congress where the american people elected a record amount of women in both the house and senate. interesting to see those choices by the american public and we'll see who the president chooses in the weeks to come. angela, great to have you with us today. thank you so much. >> thank you for having me. jon: and there is more controversy over president obama's pick to be cia chief. could he be in for a rocky confirmation battle?

why some critics on both side of the aisle strongly oppose john brennan's nomination. we'll take you live to washington on that. plus damaging testimony in the case of a woman charged with killing her lover in cold blood. wait until you hear what one witness claims jodi arias was doing the day after that brutal murder. >> when you go back to your house, what do the two of you do? >> we talked for a while. i think we agreed we would watch a movie or something like that. and that's what we did. we turned on a movie. >> what happened during the movie. >> at some point, i mean we were talking and, we kissed this is $100,000.

we asked total strangers to watch it for us. thank you so much. i appreciate it. i'll be right back. they didn't take a dime. how much in fees does your bank take to watch your money? if your bank takes more money than a stranger, you need an ally. ally bank. your money needs an ally.

jenna: new controversy in washington over the president's picks for the director of central intelligence agency, the head of the director of the cia. this is ahead of john brennan's hearing. this they are pouncing on comments he made in the past. chief intelligence correspondent catherine herridge is live in washington with more on this. what issues will the senate confirmation process potentially focus on? >> reporter: thank you, jenna. the senate intelligence committee recently finished a classified 6,000 page report into the cia enhanced interrogation program which is set to conclude the aggressive tactics, critics call them torture, did not provide solid intelligence. it was during this period 2002 to 2007 that john brenneman was at the cia. senator feinstein, ardent

critic of now die funk cia program leads the committee with ranking republican saxby chambliss who is critical of brennan's approach to law enforcement to terrorism cases. john mccain said of nomination, quote, i have many questions and concerns about the nomination especially what role he played in the so-called enhanced interrogation programs. i plan to examine this aspect of mr. brennan's record very closely. while denouncing waterboarding as un-american in a 2007 interview, brennan told cbs news the program was valuable. quote, there has been a lot of information that has come out of these interrogation procedures that the agency has in fact used against real hardcore terrorists t has saved lives. aside from what critics describe as significant inconsistencies in his public states they also question whether brennan can recast himself as neutral after four years inside the white house. jenna. jenna: that's interesting. any reaction now from the white house? are they telegraphing how they might defend brennan against some of these criticisms?. >> reporter: well, this week

the white house emphasizing that brennan in a letter for years ago denounced the cia program. since he earned trust from the president as his counterterrorism advisor. benghazi looms large in the brennan confirmation process. the president voufing to delay the confirmation until the administration accounts for talking points or false narrative that the anti-islam video was to blame. >> it would be unfortunate, i think, if in pursuit of this issue, which was highly politicized, the senate would hold up the nomination of john brennan to be director of the central intelligence agency. >> reporter: this is just the cia piece. brennan will likely facing a aggressive questioning about the administration's expansion of the drone campaign and the target killing of american citizens. you see here the al qaeda operative. anwar al-awlaki killed in a

cia strike in december of 2011 without due process. while the administration advocated at the same time for the 9/11 suspects to be transferred to a federal court in new york city with full constitutional rights and the presumption of innocence. so there's a clear conflict in those strategies, jenna. jenna: topics we'll watch for in the weeks ahead. catherine, thank you. >> reporter: you're welcome. >> every time we started kissing it got a little more escalated. >> and with regard to the physical contact beyond the kissing was there any of that? >> clothes never came off. you know, at some point, she was kissing my neck. i was kissing hers. but, clothes never came off. jon: well some intriguing testimony there in the jodi arias murder trial from a man who says he had a date with her just hours after she killed her ex-boyfriend in 2008. prosecutors say arias had one last tryst with travis alexander, killed him in a

ferocious and gun and knife attack and headed off to see her new romantic interest, ryan burns, the man you just heard testify. fred tecee is a former federal prosecutor. rachel self is a defense attorney. welcome to you both. >> thanks for having me. jon: this is interesting, first of all, he said she was supposed to meet him that day, she was supposed to come from california i believe to arizona where he lived but she was much delayed and she blamed it on losing her way on the freeway, getting lost. taking a nap in the car that, kind of thing. it doesn't help her testimony, this testimony from this guy. >> doesn't help her? it is like a punch in the gut towards her, jon. first of all, this thing about her, i won't say spooning because i'm not that old, her necking with this guy, that is is alicious, that is nice but what really gets me as prosecutor is two things. first of all she lied to the guy where she was. she told him she cut her

hands at a bar that does not exist. she said she got lost. that's a lie. the most critical thing about his testimony from the prosecutorial standpoint is he testified that she showed up with her hair a different color. and i think this whole thing about changing her hair color, when you have admitted to the jury you're the person who killed this guy i think it looks ma niplative, deceitful and from this witness it is evidence of consciousness of guilt and flight which is going to hurt her. jon: rachel, what about the fact just 24 hours after she supposedly slaughtered her boyfriend, she's necking with this other guy? >> well, i think that's it. and that really, really hurts her case because they're trying to make her out to be a victim. it is not a case of whodunit. it was a case of kill or be killed. if i didn't kill him i myself would be killed. how do you play a victim when you're living, your next day, carefree, happy go luck. >> making out with your new boyfriend when we all know the day before you stabbed your other boyfriend 27 times, nine in the back. almost decapitated him with

a throat slit and then shot him in the head? goes to cold-bloodedness, it will really, just kills her defense theory in this case. jon: she did show up at his house with cuts on her hand. he testified about that to the court. let's listen. >> yeah. >> what did she tell but the, those cuts? >> she worked at margaritaville. she told me she worked at margaritaville and she cut her fink ir. >> how did she cut her finger at margaritaville?. >> she told me she closed a back. and they switched my back license plate and turned it upside down. that is why the police officer pulled her over. we laughed about it and that was it. jon: all right, fred, the old cut my hands on margarita glass. >> probably couldn't tell you cut my hand while i was slashing the boyfriend before you 27 times. this whole thing that i'm a victim, you know, remember the physical evidence is that she slashed him 27

times like rachel points out and then shot him in the he had had. hard to play the victim of terrorism when you have either shot the guy in the had and slashed him or slashed him and shot him in the head and show up to your new boyfriend lie and say you got in a bar that cops will come in panned say doesn't exist. jon: talk about her demeanor in court. my understanding throughout most of the proceedings she is hanging her head down. she has been hiding behind her hair. she has been weeping, that sort of thing. but when this boyfriend was on court, that's the picture of her on the right. when this boyfriend was testifying against her, she just glared right at him. what does that say to a jury? >> well, i think that she's been trying to manipulate this jury and juries aren't stupid. as i say all the time. we have an audiotape of her not crying, telling one story. we have videotape of her not crying telling another story. when it is convenient to her

case to start to cry in front of the jury she starts to cry in front of the jury. then she is glaring at the boyfriend when things are going poorly for her. i think this is cold-blooded case. the victory for the defense i will be second degree, not first-degree murder. i think they're just trying to get the death penalty off the table. jon: she said she did it. it was just self-defense. >> good luck with that. jon: thank you. >> thanks for having me. jenna: how about one for the good guys next, right? let's do that. a would-be thief messing with the wrong woman. he had a knife. she went for her gun. the dramatic surveillance footage next. ♪

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jenna: coming up new next hour, a judge could rule whether colorado movie massacre suspect james holmes will go on trial for murder. the latest as we await that decision. plus, a promising new drug that is ephing to restore hearing in mice. a big question about whether or not it could help your

hearing as well. new information about an nfl linebacker who committed suicide last year. really stunning the country. what was junior sea ureport he hadly suffering from? new information for you next hour. jon: a would-be thief in milwaukee got a whole lot more than he bargained for when armed with a knife he tried to rob a convenience store. the woman behind the counter didn't even flinch. instead she went straight for her gun, pointing it at her head. he made a break for it. and she took off after him. fortunately for him she didn't catch him. neither did police. that is why they're releasing surveillance video hoping someone would recognize the would-be thief. jenna: wow another story we're watching here in new york city. new information on that commuter ferry crash that left dozens of people injured. you saw it live on our air yesterday. rick has more on this. rick? >> reporter: the ntsb is leading the investigation, jenna and they're trying to

figure out why the ferry came into the dock as hard as it did. the impact sent passengers hurling through the air with dozens of people thrown into their fellow commuters or slammed into the walls of this vessel. 70 people overall were hurt. you saw the gash right there. 11 of the injuries were serious. we know this particular ferry had recently undergone an overhaul that may have played a role in the accident. just last summer the ferry's engines and propulsion system were replaced to make it more fuel efficient and environmentally friendly but there are report that is the overhaul made it harder for the crew to maneuver the vessel. the crew, by the way, passing breathalyzer tests yesterday. drug test results are due in a couple of days. we'll follow that for you. jenna: we certainly will. continue to follow this story, rick, thank you. jon: a deadly flu outbreak is getting worse. one major city declaring a public health emergency. we'll talk with the health commissioner there.

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jenna: right now the flu is a big story in this country. the virus is deadly and it is spreading quickly. 44 states now reporting widespread illness. hospitals in ohio and pennsylvania are expanding their emergency rooms to deal with the number of patients that they're getting. that is not enough in some areas. in fact in chicago and milwaukee hospitals are turning away ambulances because they simply don't have room for anymore patients. extra doctors are being called in but they haven't been able to save everyone. in fact among the victims are seven people dead in indiana, and a 14-year-old who died in minnesota. massachusetts is also getting hit hard. the state reporting at least 18 deaths in the city of boston declared a public health emergency. today the city is setting up emergency sites where people can get flu shots free of charge. joining us now, dr. barbara

ferrer, boston's health , for perspective how does this season compare to previous years? how bad is it really? >> this is really the worst epidemic we've had since 2009 with the novel h1n1 virus. for the entire flu season in bass ton we had 70 con mirled cases this year and we're not even halfway through our flu season, we have 700 confirmed cases and already have seen four deaths. our emergency rooms are swamped with people with influenza-like illness as our doctors offices. jenna: we mentioned free clinics for the vaccines. how effective does it seem like this vaccine this season has been to preventing the flu in your particular city? >> you know, the vaccine is the best tool we have to prevent influenza. you don't really know until the end of the season the

effectiveness, the actual effectiveness rate for this particular vaccine but we know it's a good match with the strains that are circulating. and the one thing we're really encouraging people to do, there is plenty of time to still get vaccinated. in this city, between saturday and, between friday and sunday we'll actually have 15 free clinics in the neighborhoods where people can to to get vaccinated at no charge. jenna: have you been able to stay healthy this season, doctor? >> i got my flu shot. jenna: that's good news. >> i got my flu shot and i have stayed healthy. i want to reassure people that it is a safe vaccine. even when people say, well, you know, i got vaccinated, then i got sick, there is lots of different reasons that can explain that most commonly we see that people do get sick but they don't necessarily get sick with flu. they may get sick with some other virus or a very bad cold but they're not necessarily sick with the flu. the most important thing we can tell the general public, to reassure them, this is a

preventable disease. so please take precautions. get a flu shot, and if you're sick with anything, you need to stay home. jenna: it sounds like some good advice. real quick here, because we mentioned a state of emergency and that is rare for something like this. what's the next step? have you continued to see things get worse before they get better, what else can you do? >> well i think the state of emergency has allowed us to mobilize both all our public resources and private resources with a sense of your again system i'm very optimistic. we know if we can get people to take precautions and to get vaccinated, we will in fact dampen the epidemic in the city of boston. that is the most important thing, to make sure that we prevent as many new cases as possible. and the second most important thing is if people are sick they get the help that they need. we encourage people if they're sick and they're not feeling well to contact their primary care provider and find out what else they can do to protect themselves and protect their family.

jenna: dr. fer remember ferrer is very busy and we wish you good luck and health in this new year. >> thank you. jon: the president's labor secretary is not sticking around for her his second term. why hilda solis is stepping down and who will replace her. we're live with that story. we're awaiting a key decision in the colorado movie massacre case. is there enough evidence to try suspect james holmes for the murders of 12 people? the judge's ruling could come any minute [ male announcer ] don't just reject convention. drown it out. introducing e all-new 2013 lexus ls f sport. an entirely new pursuit.

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>> reporter: hi, everybody, rick folbaum in the control room, brand new stories just for you, including very soon from now we're about to hear from the president who's about to name jack lew as his next pick to head the treasury departmentment but with another nomination, another round of controversy over an obama pick. also, the vice president continuing to hold meetings at the white house today on the country's gun laws.

even while he says that the white house is prepared to change the laws on its own without congress' support. we'll get into that as well. and we'll also bring you brand new information on the suicide of former nfl great junior seau, his family speaking out about what drove him to take his own live. important news. we'll have that and breaking news as it happens. the second hour of "happening now" starts right now. jon: well, another member of the white house cabinet heads for the exit. the secretary of labor hands in her resignation as president obama gets ready to nominate a new treasury secretary. welcome to a brand new hour of "happening now," i'm jon scott. jenna: hi, everybody, i'm jenna lee. a lot of new players on tap with very few sticking around from his first, which is not necessarily abnormal. that happens when you get a second term. the latest big change, though, that we're watching today, jack lew. he's now the white house chief of staff, a federal budget

expert. next hour the president is expected to nominate him to replace tim geithner as secretary of the treasury. in the meantime, i'll da solis is -- hilda solis submitted her letter of resignation yesterday afternoon. shannon bream is live at the white house with more on the music call chairs that we're watching. jack lew, what does he bring to the job of treasury secretary specifically? >> reporter: well, the white house is emphasizing the fact that he's got public sector and private sector experience they think is going to be a great fit for this job. today say he understands the wide array of domestic and international issues affecting the u.s. economy, also pointing to the time he worked on things like budgets, negotiating with congress, important things these days. tom donohue, president of the u.s. chamber -- which is often at odds with this administration -- says if they're serious with dealing with the fiscal cliff issues, lew could be a good fit. >> and i think, i think jack is a very experienced fellow on the

issues of debt and deficits and budgets. and so if the president and the administration are thinking that that's where they're going to need vigorous assistance and direction early in the new administration, i think that, that then is a very good choice. >> reporter: the president is scheduled to formally nominate lew at a ceremony here at the white house at 1:30 eastern time. jenna: what kind of confirmation battle do we expect? we talk about the battles for brennan, for example, or senator hagel. what about jack lew? >> reporter: this one could be interesting as well. republicans on the hill are trying to define lew as what they call a classic big government liberal. he has always fought them on trying to get much-needed spending cuts through, something which is a bone of contention endlessly here in washington.

jeff sessions says jack lew must never be secretary of treasury. he says lew gave testimony before the committee in two years ago that, in his words, were so false and outrageous, that alone should disqualify him. adding, quote: >> reporter: so it is clear lew will be one of those who is also facing a tough battle to get through the senate, but the white house very confident in its picks these days as evidenced by the fact that a number are controversial, and yet the president feels very sure about nominating and putting out for the senate to decide. jenna: shannon bream, thank you. jon: the administration moving full speed ahead as it tries to target gun violence. vice president joe biden is right now holding more meetings with key players including

sportsmen, the national rifle association, retailers including walmart, the nation's largest seller of firearms, and representatives of the entertainment industry. mr. biden is gathering recommendations, he says pram pa could take executive action without the approval of congress. listen. >> the president is going to act, there are executive orders, executive action that can be taken. we haven't decided what it is yet, but we're compiling it all with help of the attorney general and all the rest of the cabinet members, as well as legislative action we believe is required. jon: a.b. stoddard is associate editor and columnist for "the hill." he's working on a story about the growing importance of vice president biden and his role in the administration. why did the president hand this job over to the vice president, and why not do can it himself? >> oh, well, senator biden has vast experience, as you know, in his almost three decades on the hill with this issue in the

judiciary committee and was very instrumental in the, um, crime bill that passed in 1994. and he, obviously, seems to have a better grip on negotiating with republicans in congress these days than the president himself does. so i think he was the obvious choice. the attorney general, eric holder, is very unpopular with republicans on the hill, and biden has been happy to take on increased responsibility. so i think it's a good, it's a good role for him to play. jon: kind of interesting that you hear vice president biden suggesting that the president might use executive powers to invoke some changes in the way the nation deals with its gun regulations. a few years ago, back in 2007, an illinois senator named barack obama had some complaints about the white house issuing executive orders. listen to this. >> we all know what iraq has cost us abroad. but these last few years we've seen an unacceptable abuse of power at home. we face real threats.

any president needs the latitude to confront them swiftly and surely. but we've paid a heavy price for having a president whose priority is expanding his own power. jon: so i guess things change once you get into the oval office, is that it, a.b.? >> frequently. look, the most important thing for people to know is the white house is trying hard to find a solution to to a problem, and this gun violence is certainly a problem. i think they should be given credit for trying, bringing the stakeholders togetherring; their allies in the entertainment industry to try to come to some kind of consensus although it will be a very steep challenge. the truth is through executive action it's very tough for the white house to make that much of a difference. they're not going to ban the sale of certain ammunition or weapons. they're not going to close the gun show loopholes. they're not going to really make a lot of progress without congress. that's a legislative action that

has to be done with consent of both parties, and that's where the challenge lies. what they can do through executive orders is just try to enhance the enforcement of laws already on the books and do stuff in the area of mental health screenings and background checks which both sides say is needed. jon: there's one more thing i wanted you to hear from joe biden when he was campaigning for the vice presidency. >> i guarantee you, barack obama ain't taking my shotgun, so don't guy that malarkey. [applause] they're going to start peddling that to you. i've got two. besides my bret that, he's got a problem. jon: now, one could say that the vice presidential candidate under the 24 hour a day protection of the secret service doesn't neat a beretta, he could have easily given up it up, but he apparently didn't want to. >> well, what you're going to hear from the vice president and president obama likely as well is what bill clinton told minutes of both parties -- members of both parties back in '94 which is that he didn't want

to take their hunting rifles away, he didn't want to restrict their constitutional right to own guns, what he wanted to do was curb the violence even when democrats who have sought gun controls in the past have said this, it hasn't exactly bridged the divide. we're looking at an increase in gun sales just since newtown alone, an increase in nra membership. this is going to be a very tough fight no matter how many times they try to reassure sportsmen they're not trying to take their rights or guns away. jon: a.b. stoddard, thank you. jenna: well, an armed teenager is arrested in front of a school just one day after beefed-up security. classes were just ending on tuesday when officer daniel chavez says he saw the suspect running down the street, and that's when he sprang to action. >> i was able to take him into custody only feet from the school where we had numerous children inside in an after-daycare setting, and i was able to recover a ..357 magnum

firearm revolver. i was thinking about about the children i had in my background, and these are the children that i see on a daily basis outside, waving to them as i'm driving down the street. they know me by officer chavez when they come to school every morning. jenna: police say the suspect was involved in a shooting with a rival gang just two blocks away. the increase in school security is part of an lapd operation in response to the deadly school shooting in connecticut. jon: meanwhile, controversial arizona sheriff joe arpaio is plan. ing his own program. he is planning to have hundreds of armed volunteers patrol areas near 59 schools in maricopa county. the group consisted or 400 posse volunteers and 100 reserve deputies. critics raising concerns about whether or not the group is qualified, but sheriff arpaio says the volunteers know what they're doing. >> same training as a regular deputy. same training. so they are well trained.

the only difference with them, they do it for nothing. >> the presence of police officers in cars and more, you know, deputies or posses around is going to deter people if they are going to create, you know, havoc. jon: that was a parent speaking in favor of the operation. those patrols kicked off monday at several different schools in maricopa county. jenna: a state that already has the most restrictive gun laws in the nation could make them, potentially, a whole lot tougher. claudia cowan is live from san francisco with more. >> reporter: jenna, buying a handgun here or in california is no simple task. it requires registration, certified training, a 10-day waiting period and a rigorous background check. what's more, the state routinely redefines and bans so-called assault weapons and limits the number of guns a person can buy. now democratic lawmakers are lining up to put even more or restrictions on firearms here. following the newtown tragedy, gun control advocates in sacramento are seizing the moment, confident that with

democrats controlling every major office, the proposals will pass. >> almost any idea that anybody in this country has as to how to further regulate and limit access to weapons or ammunition is probably going to get passed in california. >> buyullets should not be easy. >> reporter: some politicians want to regulate all ammunition sales requiring background checks and annual permits. this state senator takes aim at a fee cur that makes some guns easier to reload. >> what we're trying to do with our particular bill is to, basically, ban that particular weapon because it is, in fact, a loophole in the assault weapon ban. >> reporter: gun owners say lawmakers are chipping away at a constitutional right not to increase safety or reduce the risk of violence, but to assert power. >> they know that as long as there is an armed populace in the state, they will never control the people the way they

want to control them. >> reporter: gun other thans vow to lobby state lawmakers and take their fight to court if need be, and other states will be watching closely to see how far california can bump up against the second amendment and whether any new gun control laws actually make a difference. jenna? jenna: a story to watch, claudia, thank you. jon: another sign president obama is taking a hard line against remoneys, adding a tough political insider to his economic team. why he's choosing jack lew to be treasury secretary, and reaction from a top republican. plus, a pod of killer whales in danger from another killer. there's an update now on the frantic effort to save these whales trapped in sea ice. [ loud party sounds ]

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jenna: "happening now," the president is set to nominate a new secretary of the treasury. his name? jack lew, the current white house chief of staff. the nomination not without controversy, as most are not these days. mr. lew's reputation truly precedes him in this case. some in the senate as seeing him overly rigid -- the senate and the house on capitol hill see him overly rigid. wyoming senator john bros. sew is chairman of the foreign policy committee. nice to have you back on the program. >> thank you, jenna. jenna: i was looking at a report from bob woodward, speaker boehner apparently told woodward that he asked the president to keep jack lew at the white house, to not send him to capitol hill because he was tired of hearing the word "no" so many times. what's your reaction to this

nomination if. >> well, jack lew is very partisan, and he's very political. but the fundamental problem, jenna, are are the president's policies and the president's addiction to spending. to me, that's the bigger issue. wewe are $16 trillion in debt, t is the greatest threat to our national security, and yet jack lew and the president think that spending isn't the problem. wasteful government spending is the problem. jenna: well, you've had four years of the president. in his current role, you also have had time to get to know jack lew in a couple different roles. so knowing what you know, knowing these are known entities, if you will, what's your strategy? >> well, he's going to have to testify in the senate and talk about what his plans are for growing the economy and getting people back to work and getting the spending down. that's the fundamental problem that we face as a nation. and this really is a national necessity. it's not some partisan approach. so when the president during the debt ceiling negotiations said

spending isn't the problem, you know, he's living in denial is where we are as a nation. and jack lew is going to have to come to the farther and tell the american -- to the senate and tell the american people what his thoughts are about the spending and how he plans to address it in light of the upcoming fight and debate over raising the debt ceiling and ongoing spending in this country. jenna: what new ideas will you present to jack lew if the nomination does go through to solve the problems that you're mentioning? >> well, there are a couple of things, and when you take a rook at the upcoming debt ceiling, you know, i think it'd be really good if the senate actually passed a budge. the senate of the united states hasn't passed a budget inover three years. harry reid has held the american public hostage by not presenting a budget. i know the white house is running behind in their budget proposal. the white house budget proposal last year got no republican votes and got no democrat votes. so if we want to look at what's best for our country in the future, we have to look at dealing with the spending from

the standpoint of our own national security. we are vulnerable right now -- jenna: there's no accountability, right, senator? this has been going on and on, and so far there's to budget, and there's no budget. what can the american people do? what will it take to actually get that? >> well, and it's a violation of the law. the senate and congress has to pass a budget, but yet they refuse to do it, and today take, harry reid takes his orders from the top. the president, obviously, doesn't want a budget, doesn't want to face up to his own spending addiction which is putting us more dependent to other nations and, specifically china. that is the big problem with this administration and the failure of the president to lead on the issue of spending. we need to come together as a nation dealing with the nation's spending addiction and get the country's financed in order if we want to stay a national -- international leader.

jenna: well, we'll see if this year produces different results. senator bros. sew, look forward to having you back. >> thanks, jenna. jon: right now the desperate race to free a pod of killer whales trapped under thick sea ice, apparently, is over. >> reporter: we like to report good news, jon, and we have some in this case. this is like free willie on a much bigger scale. killer whales all fighting for air in the same small space. they were trapped under the ice with a hole only about the size of a pickup truck. this is up in northern canada there. and the mayor of this town saying a sudden drop in the temperature led the whales to be boxed in under this ice. he had appealed for outside help asking somebody to come in with an ice breaker to try to create a bigger opening for these whales and be able to swim up to the surface and to get some air. thankfully, in the end that wasn't necessary, because we've just gotten word down ear in the newsroom that a natural shift in the ice has opened up around the

area where these whales were trapped and that, in fact, the whales are okay, and they've ian moved away on their own. so a lot of news here, a lot of people talking about this story. it generated headlines all over the world. and some people, some locals even b came down with hacksaws to try to make that space a little bit bigger on their own. in the end, nature did its thing. good news all around. jon: that is good news. chock one up for the whales. rick, thank you. jenna: severe weather threat, i should say, down south where tornado watches are now in place. we'll tell you more about that. plus, a judge could make a key ruling in the colorado movie massacre case any minute now with the families some victims say they saw in the face of the accused mass murderer. >> the cell phone photos today were extremely disturbing. they were very self-e -- self-serving for the shooter. from where i was sitting, i could see his face, i could see

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jon: a fox news weather alert now, and tornado watches in place for parts of louisiana and mississippi. hail, strong gusts and dangerous lightning also expected in that area. the storm system already hitting the region with heavy rain, flash flooding in the places like san gabriel, louisiana. rick reichmuth is live from the fox weather center for us now. >> reporter: the rain has been extreme already across much of louisiana, mississippi and texas. take a look at some of those amounts there, 8 inches in bunkie, louisiana, that's ion go go -- going to cause flooding, but we have more rain we're going to be dealing with. a tornado watch with in effect

until 2 p.m., a tornado warning popping up just to the southeast of new orleans, so cutting across the parish. very heavy rain, another 4-5 inches of rain as well as the severe weather. later on today it threatens also towards parts of the north, the boot hill ofmy and down across parts of arkansas, mississippi, again into tennessee and kentucky, and still down across the south. because of the very heavy rain that's fallen, major flooding all across the mississippi river valley, flood warnings in effect down across parts of louisiana as well. the other story is out across parts of the west. winter returning again. it's been so warm for so many people, but we have cold air and winter storm watches in effect all across the rockies, good news across those ski areas, and across northern parts of minnesota and wisconsin. we're going to be looking at an icing event for tomorrow. jon? jon: rick reichmuth, thank you. jenna: we're awaiting a judge's decision on whether there's

enough evidence to put james holmes on trial. now, after three days of chilling testimony, families of victims who saw the accused shooter in court and saw all that was presented so far say they were, obviously, very disturbed by his behavior. >> he was absolutely smirking. mainly when his weapons are shown, mainly when he sees himself on his cell phone pictures. not so much when you see the 911 tapes or the people, um, that were speaking of that were either murdered or hur. when -- or hurt. but when he sees himself, he gets very excited, and his eyes crinkle. jenna: live from denver with more for us now, alicia? >> reporter: hi, jenna. that decision by judge william sylvester could come down any minute. we've been told we will find out via twitter. and all expectations at the point are that the judge will rule in favor of sending this

case to trial. additionally, the judge says he will allow a cram in the courtroom for -- courtroom -- camera in the courtroom tomorrow if he is arraigned on the 166 charges against him. yesterday p wrapped up with images taken from holmes' cell phone taken inside and outside the theater in the weeks before the shooting, but of him mugging for the camera. legal analysts expect him to plead not guilty by reasons of insanity. after the hearing some of the families of the dead and some of the injured themselves talked to the media. >> clearly, he's mental will hi disturbed. -- mentally disturbed. do i think he needs to go into a criminally-insane home? no. >> i saw a lot of reports about how he's crazy. he's evil. >> i was hoping for a little bit more evidence to be put on, but all in, you know, due process. >> reporter: on a separate note, the theater where the shooting took place is set to open one week from today.

cinemark usa sent an e-mail inviting family members and victims to a, quote, night of remembrance, followed by a movie. that invitation has been rejected by many but not all of the family members and victims. jenna: alicia acuna, thank you. jon: a fox news alert now, new video of a meeting between vice president bide season and the various members of the sporting, sportmen industry sportmen groups, i should say. biden says he will give his task force report to the president by tuesday. he's been meeting today with representatives of hunting groups, the nra, conservation groups and others. he will also be meeting in future hours and days with representatives of the movie and video game industries. he's trying to come up with some recommendations on the gun situation in this country. jenna: we have some brand new mortgage rules, why some say

they might make it harder for you to get a home loan. what you need to know. we'll tell you about that coming up. plus, the fight to save hundreds of homes from raging wildfires. where fire firefighters are up against these type of flames. ( bell rings ) they remind me so much of my grandkids.

wish i saw mine more often, but they live so far away. i've been thinking about moving in with my daughter and her family. it's been pretty tough since jack passed away.

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remain completely out of control. the recent arrival of cooler weather is not bringing much relief in australia. forecasters are predicting another spell of extremely hot weather. temperatures reaching as high as 113 degrees. jon: right now some brand new rules meant to protect borrowers from taking out loans they cannot afford to repay could also make it a lot harder to get a mortgage in this country. let's talk about it with charles payne from the fox business network. charles, we've got ourselves a new federal agency, and they are just chomping at the bit -- >> they are ready to go. you ever see a race osar in the kentucky derby? they come out the gate just like secretariat. consumer financial protection bureau. and they're saying if your debt is, if your debt to income ratio is 43%, then the lender has to be very, very careful, because anything above that is not a qualified loan.

jon: so if somebody's bricking in $10,000 a month, for instance, they are not allowed under these new regs to spend more than $4300 a month on their mortgage? >> actually, it's not just mortgage. it's debt. jon: oh, debt total? >> all your debt. of course, most financial experts say whatever you're paying whether it's a mortgage or rent should be one-quarter of a month. in other words, one week's worth of work should be able to cover that. but this is all your debt, and most financial experts think if your debt to income ratio, gross now, if it's over 40%, you're already in trouble to begin with. but, you know, last year, 2011, three-quarters of the mortgages that were begin out would have qualified for these new rates, and the rest would not have. and here's the problem for a lender. if they stick with these new qualified borrowing rates and parameters, they're exempt from lawsuits. i mean, this is what's driven our banking industry for the last five years. almost every time we look up

there's another lawsuit. if you're exempt from these lawsuits, it's going to be tough to go outside of these boundaries and make loans to people right there on the fringes, even if they, let's say, have a household that is the new modern family, not just the old nuclear family, and they could actually pay, they're not going to go out on a limb and make these loans. jon: they're also banning interest-only loans which in some circles might make sense, but some people borrowed responsibly. it just seems like the government is really clamping down on a lot of opportunities for people or, you know, taking away a lot of the -- >> well, you have to wonder what's going to happen with the law in, like i said, 25% of the mortgages issued in 2011 wouldn't have met this criteria. where do they go? and do they cry enough that we get a repeat of how the housing bubble began in the first place that forced banks to actually make risky loans that they were -- by the way, on their own they weren't making these kinds of loans.

fannie mae and freddie mac weren't picking them up. so to one degree you understand if the taxpayers are going to be on the hook, okay, we want tight regulation, but there are going to be a lot of people out there who want the american dream and probably won't have access -- jon: and one of the housing markets that's hardly been affected is metro washington d.c. >> oh, my god, it's like a mini dubai. jon: they're not hurt. >> income has gone up in the last ten years in the country. jon: charles payne, thank you. jenna: we're going to stick with the economy and talk about the job market. the labor department reporting that the number of americans filing for unemployment is up slightly from the previous week. you can see the number, 371,000. still, some pointing to this number and saying it's consistent with a slow-growing or slow-recovering job market. although many economists would like to see that number a lot, a lot lower. time for our spotlight on small business. each week we talk to small

business other thans who are managing to survive and thrive in what's been a tough economy. today's business brings professional photographers together to use their skills to give back to families that need it. katie norris is the owner of photolanthopy. tell our viewers about what exactly you to. >> yes. and, first of all, thank you so much for having me. you know, a lot of people hope to pursue their calling in this life, and one day i actually got a call from a grieving mother calling me for portraits because i am a photographer. and she had just found out that her eight-month-old son had been diagnosed with a brain tumor. and i'd had this idea being able to unite film makers and photographers to help people across this country. and in that moment i said yes to the call, and from that day forward, a year and a half later, we're helping families across the country. jenna: and one of the reasons i was able to find out about your company is we have a friend in

common, staff sergeant travis mills, who our viewers know very well. it's someone you have met and are trying to put together a documentary after taking beautiful pictures of his family. but it's not only military folks that you help, a variety of different families, american families that are facing different obstacles. how do you stay afloat? how do you actually do this business? >> yes, that's a great question. and our hope is to capture inspiring true stories of all kinds as the theme of perseverance is universal. what we've done, we've decided to not rely on donations, um, as we do take donations to fund what we do. i got creative and created a product line of fashionable photo straps, and with every purchase our customers can purchase a photo strap and know it directly funds these stories. ta-and-a-half tell us a little bit, quickly, about how our

viewers can do it, and what does the growth look like for you, a businesswoman as you are, over the next year? >> sure. um, people can nominate to our site, photolanthropy.com, and our job is great. i feel we have one of the best jobs in the world. we're creating an excellent product that looks great, a fashionable camera strap. but the best part about it is that we're helping families of all kinds during the, you know, the most dark time in their lives, we're able to give them the gift of memories. jenna: we might be a little partial, jon and me, because we work on camera -- [laughter] but really some of these photographs are so beautiful, katie, and we really appreciate the time. encourage our voters to check out the web site. a great concept. really appreciate the time. >> thank you for having me here. jon: there is some new information about the death of former nfl linebacker junior

seau. we'll tell you what researchers found in his brain that might help explain why he killed himself last year. what are you doing? nothing. are you stealing our daughter's school supplies and taking them to work? no, i was just looking for my stapler and my... this thing. i save money by using fedex ground and buy my own supplies. that's a great idea. i'm going to go... we got clients in today. [ male announcer ] save on ground shipping at fedex office.

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it dws water into your colon to unblock your system naturally. don't wait to fe great. miralax. jon: well, his suicide last may shocked the world of sports. now the family of former nfl great junior seau is speaking out about what might have driven him to take his own life. rick has that for us. >> reporter: well, jon, junior seau eeg's suicide was a big shock to everyone. well, his family donated say yaw's brain to the national institutes of health, and their tests show that he suffered from cte, chronic traumatic enreceive

lop ty. it can lead to dementia, memory loss and depression. the family speaking out saying that it's important for people to know how he became sick. his ex-wife said doctors have been told it was caused by, quote, a lot of head-to-head collisions over the course of 20 years playing in the nfl. other former players have complained of the same types of symptoms, and a hadful of wig -- handful of big name players have committed suicide. more than 4,000 players are filing a lawsuit against the league for ignoring and denying the link between the game and cte. the nfl, for their part, says that the nih's findings underscore the need for more research to fully understand these brain injuries, and they're spending a lot of money, the nfl is, to help fund some of that research. junior seau shot himself in the

chest, jon, and some have speculated he did that in order to preserve his brain for exactly the kind of research that has led no these headlines -- to these headlines today. jon: rick folbaum, thanks. jenna: well, it's a sign of the economic times, more people keeping their cars longer because they just can't afford new ones. of course, as those cars age, they certainly need repairs, and if you think you can't save money by doing it yourself, you may want to think again. casey steegal is live live from plano, texas, with more. >> reporter: if you're like me and you don't know the first thing about cars, experts say that is okay because the internet has made things a whole lot easier. there are literally thousands and thousands of videos on online, instructional videos that will walk you through basic to complex repairs. you can watch these videos, and it'll guiled you through the whole process.

now, we're stand anything a 16,000-square-foot facility that was once an old auto body repair shop. now customers can come here, rent a baby the hour for a whopping $20 and also rent the same tools that professional technicians use in a dealership, let's say; lifts, tire alignment machines, computer, diagnostic equipment to detect why maybe that pesky check engine light is on. it can even save you a trip to the store. >> my radiator and my shocks i ordered here, i didn't have to go shopping, i rolled in, i parked right here, the tools are here, come on. it doesn't get much better than that. >> reporter: now, the need for g because americans are not buying new cars at a rate that they used to. back in 1995 the average age of a vehicle on the road was about eight years. today it's about eleven years. >> things like maintenance;

replacing brakes, etc. the average person might be able to do that, and, you know, there's plenty of opportunity if you keep a car. the average age, 10.8 years, you're going to have to do that several times during that period. >> now, experts say if you're willing to take the time and learn to do your own repairs and may maintenance, you can literally cut your bill in half. if you get hung up, there is a professional technician on site here that can help you out. this just opened here in the dallas/fort worth area, and today hope to expand it to large cities around the country if this is successful. and now business is booming. jenna: it's a great idea. i'd like to see that 1966 mustang fastback that's in front of you. if you could just pan over -- >> reporter: yeah, that is a good looking car. jenna: i was listening the whole time, casey, but can you rent those, too?

>> reporter: i wish. tease are cars being -- tease are cars that are being repaired. i don't think we can say the same thing for jon, i think he was distracted by the beauty. jenna: true story -- casey, thank you very much for that. true story, i wanted to repair my father's 958 chevy, and so i went to the library. i wasn't able to drive yet, and i checked out a big stack of books to learn how to repair, you know, an old engine. and i remember the librarian saying to me, good luck. that was her parting words. [laughter] jon: good for you for being willing to take it on. jenna: i tried. sometimes it's best to leave some things to the expert, but that's a good idea. jon: yep. all right, researchers say they are getting closer to reversing hearing loss, but don't crank up the head phones just yet. a look at a drug that is restoring some hearing, at least in mice. when you have diabetes... your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes.

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jon: a potential breakthrough in the fight against hearing loss. researchers in boston say they've used a drug to partially restore hearing in mice with noise-induced deafness. let's talk about it with dr. lee vinocur. i remember from high school biology you have got these little microscopic hairs in your ears that translate sound waves into, well, into sound that your brain, i guess, can translate. that's what they've been able to regrow? >> yeah, very good. i'm impressed with that, jon. so these hair cells actually change the sound into a nerve signal, and then the nerve signal's sent to the brain. they're hair-like structures, not really hair. and what we know is they develop in some lower animals, they can regenerate. but not in humans. and if you listen to sound too loudly and then sometimes with the normal aging process we lose

these hair cells. and they don't regenerate in us. so, basically, um, this drug was found by accident like a lot of drugs, they were doing experiments with an alzheimer drug, and it had the side effect of affecting this protein called notch. and notch is a signaling protein that prevents cells there generating into hair cells. so that if you stop notch, it's like a double negative. you will regenerate new hair cells. and it's, actually, a fascinating study. jon: so it doesn't show absolute -- well, it shows promise, i guess. i mean, they haven't been able to accomplish it in humans yet. they have managed to do it in mice, at least to some extent, and that's what holds out promise. more research down the road. >> right, absolutely. what they found is they put dye into these types of cells. so these are definitely new cells being regenerated, the ones that they injected the dye into, but also in the lower frequency ranges. so it was kind of uneven.

and the mice were still pretty hard of hearing. but instead of like a cochlear implant which is more invasive, down the road they were just putting it in the mice ears, and it really has a lot of promise. and it's another example of using these novel proteins and genes to determine how things work and how disease happens in the body and using those proteins signals to turn them on or off. so it's targeted therapy. jon: aiming rockers everywhere -- aging rockers everywhere are rejoicing. doctor, thank you. >> a pleasure. jenna: a change for monopoly? the top hat, the race car, well, they may be on the chopping block. it's up to you, jon scott. we'll tell you why next. ♪

>> took the money, already, sorry, jon. >> oh, no. >> you've got to dish i